BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

ones men receive, since the beginning of the nation’s history. The fact their constitutional political rights arose in 1934 when they started voting, shows the biased culture. Another biased rule was in Brazilian Civil Code, from 1916, which considered the man as the head of the conjugal society, the responsible for managing the wife’s private goods and authorising her to work. 43 He could also decide whether the woman could live in another home and could claim the marriage annulment in case of finding out his wife was not virgin anymore, within 10 (ten) days. 44 Moreover, the law considered women to lack capacity to make decisions regarding civil life; therefore, they depended on their husbands to do any civil act until 1962. Also, until the end of the 1970s they could not work in a series of jobs, for being considered not fully able to do so, due to their supposed lack of capacity. 45 Brazil signed the International Labour Organisation Convention No. 111 in 1968 and committed to fight discrimination and promote equality in labour conditions. However, the government has not implemented, immediately, measures to assure equality of women regarding labour market. 46 The first aim to achieve equality only took place in Brazil only in 1984, when the National Congress ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), but there was a reservation to the text, regarding family law, specifically conserving the man as the head of conjugal society. It was only in 1994, six years after the 1988 Constitution promulgation, that the legal text removed the topic. Some private associations had established quota systems for women in their organisations even before the state did it. The “Workers Party” established a quota system for 30% of women in leading positions, in 1991. 47 In 1993, the “Unified Workers’ Central” did likewise over the feminist movement pressure. 48 Even though the 1988 Constitution has established equality for men and women regarding rights and obligations, the first affirmative action measure to favour women only happened in 1995, almost seven years after its promulgation. The creation of the 43 Article 233. The husband is the head of the conjugal society. It is on his duty: I to represent the family legally. II to administer the wife’s common and private goods in his obligation according to the prenuptial agreement or the system of marriage. IV the right to authorise the wife to work and live out of home. BRASIL. Lei n° 3.071, de 1° de janeiro de 1916. Available at: http://www.planalto.gov.br/ccivil_ 03/leis/ L3071.htm. 44 Article 178. It expires. Paragraph 1: in ten days, counted from the wedding, the husband’s claim to annul the marriage in case the wife had not been virgin. BRASIL. Lei n° 3.071, de 1° de janeiro de 1916. Available at: http://www.planalto.gov.br/ccivil_03/leis/L3071.htm. 45 CAVALCANTI, S. V. Igualdade, Discriminação Positiva e Políticas Públicas para Mulheres no Brasil. Revista do Mestrado em Direito da Universidade Federal de Alagoas , ano 2, n. 2, 1º Semestre, 2006, p. 354. 46 MOEHLECKE, S. Ação afirmativa: história e debates no Brasil. Cadernos de Pesquisa , n. 117, novembro/2002, p. 206. 47 GODINHO, T. Ação afirmativa no Partido dos Trabalhadores. Estudos Feministas , IFCS/UFRJ-PPCIS/ Uerj, v. 4, n. 1, Rio de Janeiro,1996, p. 150. 48 DELGADO, M. B. G. Mais mulheres na direção da CUT. Estudos Feministas , IFCS/UFRJ-PPCIS/Uerj, v. 4, n. 1, 1996, p. 140.

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